Terms and Conditions

Terms and Conditions

We like to keep it simple! Here are the main points of our Terms and Conditions:

  1. The basic account is the Free Artivive Creator Account which can be upgraded or downgraded as needed.
  2. You can create an unlimited number of artworks. Depending on your subscription tier, your account will be tied to a limited number of views or features per month.
  3. Our products and services are not transferable but limited to a single account. Users are entitled to one account per person and may not register for multiple accounts with different email addresses.
  4. Artivive retains the right to delete content and block users that go against our Art Branding Principles — explicitly commercial content aimed at advertising campaigns without any artistic input.
  5. The user confirms that s/he owns all the intellectual property rights for the content uploaded, or has secured the owner’s written confirmation prior to the upload.
  6. The user is responsible for the content uploaded and ensures it does not violate European/Austrian or any applicable law.
  7. Artivive will not be held accountable for any errors that can occur when using our products and services.
  8. The user is aware that the services offered by Artivive will be in constant development.
  9. The user acknowledges and complies with our Fair Use Policy.
  10. The minimum age required to register for an account is 13 years of age.

Artivive GmbH (referred to as “Artivive”, “we”, “our”, “ours”, “us”), is an Austrian startup founded in 2017, aiming to change how art is created and consumed. Artivive is the leading platform for augmented reality art, where artists can create new dimensions of art by enhancing physical artworks with a digital layer. Our vision is to bridge the gap between classical and digital art, and to provide museums and galleries with the infrastructure to deliver an immersive experience for their visitors.

Artivive consists of two components, the Bridge by Artivive content management tool, that allows users to link the artwork to its digital layer; and the Artivive App, the visualization component that enables the AR art experience. The Artivive App is freely available for mobile and tablet on Google Play and in the App Store.

Introduction
These Terms of Service (“Terms”) form a binding legal agreement (to mean “all legal agreements including our Privacy Policy, Cookies Policy, Terms and Conditions”) between you, as the licensee and End User (“your”, “yours”, “customer”, “consumer”, “user”), and Artivive GmbH. These Terms govern your right to obtain, access and make use of Artivive, including using our website artivive.com (“website”), Bridge by Artivive Content Management System (“Bridge CMS”) and Artivive Marketplace (“marketplace”). These Terms also cover any information, text, images, audio, video and other content (“content”) that you provide when using our services, as well as any data collected for the purposes of setting up an account or for use and display, accessing information provided by or in Artivive, and selling and buying artworks.

By making use of, accessing, or registering with any of our services, you agree to be bound by these Terms. The Terms are triggered immediately in any of those instances.

Appropriate Use
Users must be at least 13 years old, the legal age to form a binding contract, and not be a person barred from receiving products or services under the laws of any applicable jurisdiction. The minimum age requirement applies to all account types, with the exception of registered Educational Institutions.

Artivive refers to our proprietary products, software and services that together represent our technology service offering currently marketed under the name “Artivive”. Consisting of various components:

  1. The App/s (“Artivive” and “Ivive”), a user downloads to a compatible device containing proprietary algorithms and code, so as to allow it to recognize and understand the identity of certain persons, places or things with which the device comes into contact;
  2. Bridge CMS, through which text, images, audio, video and other content and data is delivered to the device based on the image recognised by the App/s are managed; and
  3. The Artivive Marketplace, a platform where consumers can browse and purchase artworks, commissioned works, open calls and workshops.

Our rights include:

  • The right to change any and all software, applications, functionalities, design, makeup, content, delivery systems;
  • Update or revise our services;
  • Temporarily or permanently cease providing any part of Artivive or any of the content contained therein, to you or to end users generally;
  • Place limits on your access to or on access generally, of Artivive or any of its features or functionalities without notice to you;
  • Expressly reserve the rights to use content generated, uploaded and/or sent by you for marketing, branding, and communication purposes (by means of social media, website, stationary, etc.) or any other means regarded by us as meaningful; and
  • We will not replicate content generated by you for direct commercial/selling purposes and expressly require consent to the provision and collection of location-based services and information in connection with Artivive.

Accounts
If you are of legal age, and wanting to use our services such as use or access our website or Bridge CMS, you may be required to register for an account with Artivive. The registering of an account requires that you provide us with certain personal information and establish a username and password. By registering, you agree to provide accurate, current and complete information when creating your account. We may terminate your account should we decide that the information you provide is inaccurate, incorrect or any other reason within our discretion to decide. As a user, you are responsible for safeguarding your account information and information you use for any activities or actions under your account — whether or not you have authorised such activities or actions. We will not be held liable for any damages that may arise due to a third party accessing or using your account and/or obtaining access to any information provided by you in connection with your account, or for any other loss or damage arising from your failure to comply with these requirements. Following registration, an activation email will be sent to you.

Self-service Account Upgrades:

  • The basic level of account is the Free Artivive Creator Account.
  • You can upgrade/downgrade as needed, based on the number of views or features of your artworks.

  • Sponsored Upgrade – Only available to individual artists and creators who receive the Marketplace upgrade for free/discounted and can re-apply at the end of the one sponsored year.
  • Educational/Enterprise Upgrade – All that don’t fit under the Business upgrade. Includes institutions, museums, schools etc. and will be invoiced by Artivive.
  • Yearly subscription plan – Includes two months for free. Automatically renews.

View limit:

  • We limit the amount of views per account per month. You are responsible for tracking your limit through the ‘limit bar’ available on your dashboard. You are able to set an additional cost limit for your account.
  • Views exceeding the limit will incur a €0,03 fee per additional view.
  • This fee can be avoided by upgrading your account or purchasing an add-on (more views for one month).
  • Add-ons are priced as follows:

  • When the view limit in a basic account is reached, the artwork will be deactivated.
  • Notifications via email will be sent once your account has used 50%, 80% and then 100% of the view limit, or an add-on was calculated, or artworks deactivated.
  • Users who recommend Artivive, write a blogpost, create an Artivive tutorial or similar will receive an upgrade from Basic to Pro for one month or a free month. The reward can be used for a maximum of 3 times in one year. Coupons and rewards do not apply to accounts upgraded as Business.
  • The use of products and services are limited to the user and are not transferable; the user will refrain from allowing access to third parties (private, business or otherwise) to their account, unless obtaining our written confirmation beforehand. We may suspend, disable or terminate your access to Artivive and any of its services, features or functionalities , at our sole discretion and without prior notice to you, should you violate any of our Terms. We will not be liable to you or any of your obligations under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination. Content deleted by the user will be permanently deleted within 30 days from all our servers.

Payment and billing

  • The purpose of the basic Free Artivive Creator Account is to encourage creative expression and experimentation.
  • We hold the right to revoke a basic Free Artivive Creator Account and put it on hold in the event that we determine that you are not eligible for it. Eligibility could be affected by you having entered incorrect registration information and/or repeatedly registering for free accounts with different email addresses. By entering your payment details, you represent and warrant that you have the legal right to use any credit card/s or other payment means used by you through your account to purchase any product or service. From the point at which you enter your payment details, your monthly subscription will begin, and continue for one calendar month. Unless cancelled up until the day before your billing date, you authorize the subscription cost to be charged. To terminate your account, please contact us. The services we use for payment and transactions are PayPal and Stripe, we highly recommend you to view their terms and policies:

Stripe

https://stripe.com/at

PayPal

https://www.paypal.com/at/webapps/mpp/home

Inappropriate Use
The Terms set out in this section ensure that Artivive may only be used for lawful purposes and you agree to adhere to all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of Artivive.

You agree that you will not do any of the following while being registered with, using or accessing Artivive:

  • Attempt to gain access to or search any of our systems or facilities, or attempt to download content within Artivive, through the use of any search or download engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software, search agents, and interface(s) we provide and include for use;
  • Attempt to access, tamper with, or use non-public information, areas, servers, equipment or facilities, even if they may be part of the infrastructure used to deliver or support Artivive and our end users;
  • Gather and use information, such as other users’ usernames, login information, real names, email addresses, and the like, that may be available through Artivive, to transmit any unsolicited advertising, junk mail, spam, or other form of solicitation;
  • Use Artivive for the benefit of any third party or in any manner not abiding by these Terms;
  • Violate any applicable law or regulation, encourage or enable any other user to do any of the foregoing:
    • Copy, modify or distribute any part or the entirety of our websites for any purpose;
    • Transfer, sublicense, lease, lend, rent or otherwise distribute the website, Bridge CMS or Marketplace to any third party;
    • Decompile, reverse-engineer, disassemble, or create derivative works of the website, Bridge CMS or Marketplace;
    • Make any features or functionalities of the website, Bridge CMS or Marketplace available to multiple users through any means; or
    • Use the website, Bridge CMS or Marketplace in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. We and/or our affiliates and licensors are exclusive owners of all rights, titles and interests, including all associated intellectual property, and we reserve any rights not explicitly granted in this section related to this.

Regarding content, you (the user) shall not:

(i)  Upload, post or otherwise transmit:

  1. any content which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or
  2. any content that infringes the intellectual property rights or violated the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

(ii) Publish falsehoods, or misinterpretations that could damage us, our business, any of our affiliates, partners, end users, or any third party;

(iii) Submit material (including choosing a username) that is unlawful, obscene, defamatory, libellous, threatening, harassing, hateful, racially, ethnically or otherwise offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; or

(iv) Impersonate another person or entity.

We reserve the right to investigate and prosecute violations, as we see fit, of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that we have full right and authority, but no obligation, to monitor your access to or use of Artivive, for operation and maintenance, to ensure your compliance with these Terms, to comply with applicable law, rule, regulation, or administrative or judicial order, or for any other legitimate purpose.

You agree to defend, indemnify, and hold us (including our affiliated companies, officers, directors, employees, agents, successors and assigns), wholly and completely harmless from and against any claims, liabilities, damages, losses, and expenses (including attorneys’ fees), arising out of or in any way connected to your access or use of Artivive or your violation of these Terms. You agree that we may place or may authorize third parties to place advertising, marketing and promotional materials within Artivive, in connection with the delivery and/or display of content to end users or otherwise. We expressly disclaim any and all liability in connection with, and you agree to indemnify and hold us harmless from and against any claim, liability, obligation, damages, or fees (including reasonable attorneys’ fees) resulting from any content supplied by you.

We have absolute discretion to determine whether your content is appropriate for use in our App/s and/or dashboard and any user guidelines published by us. We may remove any content and/or terminate your access for uploading objectionable content, without prior notice and at our sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or others making available content or other materials that are believed to violate these Terms. Although we might from time to time, we are under no obligation to prescreen artwork, and you acknowledge the possibility of seeing something you may potentially consider offensive. We also retain the right to delete content that goes against Artivive’s art branding principles; meaning explicitly, purely commercial content aimed at acting as an advertising campaign without any artistic input, and are able to block the respective user with no prior notice.

Account Termination
As a user, you have the right to terminate your account at any point in time. This can be done by deleting your account in the “profile” section. We also reserve the right to terminate users’ accounts at any point in time. Reasons for termination include, but are not limited to:

  • If registration information provided by the user during the process of registration or thereafter is incomplete, inaccurate, false or misleading;
  • A user is found to be registered with multiple accounts;
  • A user has been found to have transferred their account to another person;
  • If the selected account does not match the position of the user; or
  • A user is found to be in violation of these Terms or acting in a way that goes against our Terms.

Termination or suspension can happen when we see fit and no prior notice to the user is needed.

Intellectual Property
All content uploaded to Artivive is royalty free/licence free and falls under the fair use policy and non-commercial agreements, which extend worldwide. The copyright remains with the original owner.

We may terminate your access to and use of Artivive and/or remove any content if we have reason to believe your actions in using Artivive, including any content uploaded by you, infringes the copyright, trademark, or other intellectual property rights of any third party. If you believe that works for which you hold intellectual property rights have been copied, uploaded to, or made available by reason of Artivive in a way that constitutes infringement, please notify our Customer Service Department immediately, and provide us with the following:

  1. The name and signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of what material you believe infringes your rights and where that material is located within Artivive;
  4. Your address, telephone number and email address;
  5. A written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or by the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or otherwise authorized to act on the copyright owner’s behalf.

You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our website, Bridge CMS or Marketplace, or any content not provided by you. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding our website, Bridge CMS or Marketplace shall be our sole and exclusive property, and you hereby irrevocably assign to us all of your rights, titles and interest in and to all feedback. The user confirms that they own the intellectual property rights for all the content uploaded, or has to secure the intellectual property owner’s written confirmation prior to uploading the content.

Third Parties
We will not be liable for any third party content links. It may be the case that links are displayed to third party websites, resources, products, offerings and services not housed within Artivive and/or managed or controlled by us. We assume no responsibility for any third party content, and you are solely responsible for, and assume all risk arising from your use, access, or reliance on any third party content.

This includes specifically, and without limitation:

  • The availability, accuracy, quality or reliability of such third party content; or
  • The information, products, or services available on or through such third party content.

The existence of any third party content should not be interpreted as, and does not constitute an endorsement by us of that party, its publisher, or anything related thereto.

Warranty
Our website, Bridge CMS and Marketplace are provided “as available” and “as is”. You are using these at your own risk and we do not warrant that any portion of our website, Bridge CMS or Marketplace will meet your needs and requirements, will be secure, will operate without interruption, will be error free or will be free from any mistakes, malware or other potentially damaging issues. Weight and size dimensions of artworks are approximate. No advice or information, be it oral or written, obtained by you from us or any of our affiliates, agents, partners, employees, successors, or assigns, will create any warranty not expressly stated in these Terms.

Liability
Our liability is limited, but we try to act with reasonable care and skill in delivering our services to users. You should not access or use any of Artivive’s services while driving, operating machinery or while engaging in any other hazardous activity not listed. You assume all risk associated with your access to and use of the website, Bridge CMS or Marketplace, including, but not limited to, the risk of traffic accidents or injury if used while driving. We are not liable for any damages including, though not exclusively, loss of data, third party conduct, inability to access services, copyright infringement or any other damage.

In no event will we be liable for any special, indirect, incidental, punitive or consequential damages (including without limitation, lost profits, business interruption and loss or inaccuracy of information) regardless of the form of action, even if the claim was reasonably foreseeable. Artivive will not be accountable for any alterations of digital material or any errors that can occur by using the product.

MARKETPLACE

Conditions of Sale
Your purchase will be confirmed through numerous emails to you including order confirmation, order processing confirmation, order shipment information and, once delivered, an invoice. All prices are excluding VAT.

Artivive may on occasion provide special offers, with conditions that apply only for the duration of the special offer and for the special products set forth by us in connection therewith. We reserve the right to withdraw such offers at any time, and restrictions apply.

Shipping and Delivery
We use an external company to handle the shipping and delivery of our prints. The reason for this is the high standard of quality and production of the company, global quality assurance due to production taking place in their own facilities (located in Europe and USA), and shipping times of a maximum of 10 days at fair prices. For Terms specific to Printful, please see below:

We do not charge you for the shipping fee, although we retain the right to change this at any point. Artivive is not liable for any delays in shipping, including but not limited to, any act or event beyond reasonable control such as general labor disputes, civil commotion, natural disasters, strikes, acts of war, technological problems, changed governmental orders, communication delay or defect with sub suppliers, etc.

https://www.printful.com/de/policies/terms-of-service#

In the rare event that an item is obviously damaged upon arrival, please report this incident to the carrier and notify us without delay providing as much information as you can such as:

  • Your name and contact information;
  • Order number;
  • Date of delivery;
  • Condition upon arrival (please include pictures wherever possible).

Returns and Refund Policy
Under EU law, you have 14 days to return a purchased item to our address in Vienna, please contact us if you wish to do so. Any refunds will go back to the original card or payment method used to purchase the item.

For Artists
Artists selling their artwork(s) on the Marketplace:

  • Will receive a monthly statement (at the end of the calendar month) with information regarding the artist’s sales of that month, including gross sales and number of artworks (and returned, if any), production & shipping prices;
  • Based on the monthly statement, the artist will issue an invoice to Artivive for due payment;
  • Will receive payment within 10 days of the date of issuing;
  • By selling your artwork, you confirm and warrant that you own all intellectual property associated with the artwork or have obtained permission from the owner prior to offering the item for sale. The intellectual property and commercial usage rights of the artworks are to remain with the initial owner (artist) without limitations;
  • Confirm that your artwork and the content therein complies with our Terms;
  • Contact us if you believe that a payment has been erroneously withheld from you, or is incorrect; and
  • Not remove artwork(s) featured on the web shop from your Bridge CMS account.

Artivive will:

  • Send the invoice to the end customers and collect all payments;
  • Cover production and shipping costs;
  • Retain the right to collect all intellectual property arising from feedback to the functionality of the Marketplace and the resulting improvements (be it technical or operational developments) as property of Artivive;
  • Offer, from time to time, limited discounts which will impact the royalty amount received by artists.

Governing laws
The user is solely responsible for the content uploaded to Artivive and it should not violate European, Austrian or any other applicable laws.

Privacy and Confidentiality
Any personal information you provide us with (including any provided by you in connection with setting up your account) shall be governed by and subject to our Privacy Policy, which determines the collection and use of personal information. Except as expressly and unambiguously permitted hereunder, you agree to hold in confidence and not use or disclose any materials or information disclosed by us, our affiliates, or our licensors, that are confidential or proprietary or which may be reasonably regarded as the confidential information of the other party (“confidential information”).

Confidential information will also include the website, Bridge CMS or Marketplace and any new product information or the results of any benchmark or similar tests on, conducted by you, or divulged by you to us. You shall treat as confidential all confidential information with at least the same degree of care you use to prevent unauthorized disclosure or use of your own confidential information, but in no event less than reasonable care.

Confidential information will not include any materials or information that you can prove:

  1. Is now, or later becomes, through no act or failure on your part, generally known or available to the public;
  2. Is known by you at the time of disclosure as evidenced by written record, without obligation of confidentiality;
  3. Is furnished to you by a third party, as a matter of right and without restriction on disclosure;
  4. Is independently developed by you without a breach of these Terms;
  5. Is the subject of an express written permission to disclose provided by us; or
  6. Is disclosed in response to a valid order of a court or other governmental body.

Updating Terms
We maintain the right to update or modify any of these Terms without prior notice to you, since our servers and services will be in constant development. Any changes could also result in short interruptions of our services. By continuing to use our website, Bridge CMS or Marketplace after the Terms and Conditions have been changed, you are deemed to accept the new Terms. It is recommended that you check every now and again for changes to these Terms yourself. Should there be any significant changes, we will notify you via email.

Salvatory Clause
If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. The failure of a party to insist on the performance of an obligation hereunder shall not be deemed to be a waiver of such obligation or of any other obligation. The parties acknowledge and agree that your material breach of these Terms adversely affecting our proprietary rights would cause irreparable harm to us, for which a remedy at law would be inadequate and that we shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. Notices under these Terms and any comments, questions, or complaints regarding Artivive should be sent to:

Contact
Artivive GmbH
Grimmgasse 33/4
1150 Vienna
Austria

 

To view the Terms and Conditions for the Artivive App, please click here.